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      In the original declaration by the GNOME project that they would fight back (https://www.gnome.org/news/2019/10/gnome-files-defense-against-patent-troll/), they announced that they would do three things:

      First: a motion to dismiss the case outright. We don’t believe that this is a valid patent, or that software can or should be able to be patented in this way. We want to make sure that this patent isn’t used against anyone else, ever.

      Second: our answer to the claim. We don’t believe that there is a case GNOME needs to answer to. We want to show that the use of Shotwell, and free software in general, isn’t affected by this patent.

      Third: our counterclaim. We want to make sure that this isn’t just dropped when Rothschild realizes we’re going to fight this.

      So I guess this means that point 2 is achieved. And point 1 might be good too because they got granted a release for all OSI licensed software (though I guess proprietary software could still be attacked by this patent?). But what about point 3? Did the Gnome Foundation drop the counter claim at the same time?

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        I’m wondering the same thing. This has also got me wondering whether, given infinite resources, one can proactively hunt down dodgy patents and get them invalidated, even if the holder isn’t currently using them in any way? My understanding is that you can do this in most jurisdictions, but presumably it’s better to focus resources on patents which are actively being used by trolls, simply because so many (potentially) invalid patents are granted.

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          Point 3 is covered by Rothschild agreeing to not sue any open source project on their patents.

          Further, both Rothschild Patent Imaging and Leigh Rothschild are granting a release and covenant to any software that is released under an existing Open Source Initiative approved license (and subsequent versions thereof), including for the entire Rothschild portfolio of patents, to the extent such software forms a material part of the infringement allegation.

          This is a hard blow.

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            But that crap is still on for proprietary software. The settlement didn’t invalidate the patent as far as I understand.

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          Anyone have the link to the filings? I read this as the troll “agreed to walk away” (in the face of a costly defense) and since each company under the troll’s umbrella holds a small number or single patent this only ends the matter for Gnome and only for that patent.

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            I recommend clicking on the link and reading the post, your questions are answered there:

            granting a release and covenant to any software that is released under an existing Open Source Initiative approved license (and subsequent versions thereof), including for the entire Rothschild portfolio of patents, to the extent such software forms a material part of the infringement allegation

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              That seriously just brings up more questions? Did they just have a change of heart or why did they not only allow GNOME but any Open Source project to use their (very innovative) patents?

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                Patent trolls can’t afford to actually go to court because they risk their patent being invalidated. Usually it isn’t a problem because companies can’t afford to go to court so they just settle, even though the suit is bs. GNOME, however, basically called their bluff and so the patent troll was forced to settle (even though they were the ones suing in the first place!) in order to prevent the patent from being thrown out. Quoting from the original GNOME Foundation announcement:

                We want to send a message to all software patent trolls out there — we will fight your suit, we will win, and we will have your patent invalidated.

                This is absolutely hilarious. Fantastic news. Genuinely the best news I’ve heard all week.

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                  we will fight your suit, we will win, and we will have your patent invalidated.

                  I think this is the best approach to patent trolls: scorched earth. Although it must be nerve-wracking to be the targeted organisation or individual.

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                    scorched earth.

                    this is easy to say when it’s not your earth being scorched. Some people need their earth to farm so they can get their family through the next winter.

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                      Do you mean patent trolls?

                      They are parasites profiting off the perverse incentives of the legal system. They don’t get money from succesfully defending legimate patents, they get money from people wishing to avoid a very expensive legal process challenging probably invalid patents.

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                        I mean people who are being sued. The parent’s suggestion is to fight the trolls so they don’t get paid off. But for most small biz, fighting is an existential risk.

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                          Agree 100%. It’s what makes patent trolling so depressingly effective.

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                            I had some idea about some kind of anti-troll alliance. But there are too many depressing outcomes whereby people who are not in the alliiance are singled out for lawsuits and the alliance leaders lobby the government to keep the laws are they are so they can keep taxing the biz’s.

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                              Didn’t Newegg or someone publicly declare they were never going to settle any patent troll dispute, and would help others fight them too ?

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                                Apparently yes. They have tshirts too.

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                        Yeah, I get that - which is why I said it must be a nerve-wracking experience. I like to think I’d have the guts to stand up to a legal bully like patent trolls, but won’t really know until / unless I’m in that situation myself.

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                      Yeah, this is fantastic indeed. Seeing that the lawyers in question did this as a pro bono case restored some of my faith in humanity.

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                    Please read my reply. Does anyone have a link to the filings?

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                      If they settled out of court, which is likely, give the news, then there won’t be any court filings about the resolution, and only whatever each party decides to make public will be available. So far I haven’t see any legal contracts made public.

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                  The funny thing about trolls is how quickly they fold when confronted with even a modicum of resistance.

                  Credit to the GNOME Foundation for staring them down.